Free Order - District Court of California - California

Case 3:08-cv-02908-MEJ

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HARVEY SISKIND LLP IAN K. BOYD (SBN 191434) e-mail: [email protected] SETH I. APPEL (SBN 233421) e-mail: [email protected] Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 Attorneys for Plaintiff Intel Corporation

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION INTEL CORPORATION, a Delaware corporation, Plaintiff, vs. INTELLUS, INC., a North Carolina corporation, Defendant. Case No. CV 08 2908 MEJ STIPULATED PERMANENT INJUNCTION; [PROPOSED] ORDER ORDER CLOSING FILE

The Parties hereto have reached a negotiated settlement of all claims which includes the entry of the following injunction against Defendant Intellus, Inc. ("Intellus"): WHEREAS, Plaintiff Intel Corporation ("Intel") filed this action against Intellus on June 11, 2008, asserting claims of Federal Trademark Infringement, Federal Trademark Dilution, Federal False Designation of Origin, California Trademark Infringement, California Trademark Dilution, California Statutory Unfair Competition, and California Common Law Passing Off and Unfair Competition; and

-1STIPULATED PERMANENT INJUNCTION AND ORDER

Case No. CV 08 2908 MEJ

Case 3:08-cv-02908-MEJ

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WHEREAS, the Parties have settled their dispute and respectfully ask that the Court enter this injunction. Accordingly, it is ORDERED, ADJUDGED, and DECREED as follows: 1. As of February 27, 2009, Intellus and its officers, agents, servants, employees, owners and representatives, and all other persons, firms or corporations in active concert or participation with it, are permanently enjoined and restrained from using in any manner the INTEL mark, or any name, mark or domain name that wholly incorporates the INTEL mark or is confusingly similar to or a colorable imitation of this mark, including, without limitation, the Intellus, Inc. trade name, the INTELLUS trademark, and the intellusinc.com domain name. Notwithstanding the foregoing, Intellus may continue to use the mark INTELLUSCAN, provided that the INTEL (or INTELL) portion of the mark is not emphasized, highlighted, set apart, or distinguished in any way, and provided that the `e' is not subscripted in relation to the other letters. Furthermore, notwithstanding any

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other provision in this order, Intellus may continue to use the intellusinc.com domain name solely for the purpose of automatically redirecting users, via URL redirection, to another website through June 27, 2009. 2. As of February 27, 2009, Intellus and its officers, agents, servants, employees, owners and representatives, and all other persons, firms or corporations in active concert or participation with it, are permanently enjoined and restrained from doing any act or thing

or prospective customers of Intel's products or services, as to the source of products or services offered for sale, distributed, or sold, or likely to deceive members of the public, or prospective customers, into believing that there is some connection between Intellus and Intel.

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The Clerk of Court shall close the file. 7th July

Case 3:08-cv-02908-MEJ

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